Terms and Conditions
1.1 "Buyer" means the individual or organisation who buys or
agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12
of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the
Buyer for the sale and purchase of Goods incorporating these Terms and
Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy
from the Seller;
1.5 "Seller" means Birchfield Insulation Supplies Ltd. trading
as Birchfield Insulation Supplies Ltd, Unit 49, Cannon Way, Barugh Green,
Barnsley, South Yorkshire, S75 1JU, that owns and operates the BIS Ltd
website;
1.6 "Terms and Conditions" means the terms and conditions of
sale set out in this agreement and any special terms and conditions agreed
in writing by the Seller;
1.7 "Website" means the BIS Ltd website: www.birchfieldinsulation.co.uk
2 Conditions
2.1 Nothing in these
Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer and shall prevail over any other documentation
or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence
of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated
in clause 1.5.
3 Ordering
3.1 All orders for
Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant
to these Terms and Conditions and are subject to acceptance by the Seller.
The Seller may choose not to accept an order for any reason.
3.2 For ‘Stock Items’ and if you are the consumer you have the right,
in addition to your other rights, to cancel the contract and receive a
refund by informing us in writing or by email within 48 hours of placing
your order. You will receive a refund of all monies paid for the order
within 30 days of cancellation.
4 Price And Payment
4.1 The price of the
Goods shall be that stipulated by Birchfield Insulation.
4.2 The total purchase price, including delivery charges, will be agreed
with buyer prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods. If these differ from the
details, description and/or price agreed prior to confirming the order,
the buyer shall be entitled to cancel the order.
4.4 Payment of the price including delivery charges must be made in full
before dispatch of the Goods.
4.5 All the prices stated are in Pounds Sterling, all payments must be
made in Pounds Sterling. We cannot accept payments in any other currency.
We accept Credit/Debit Cards, Personal cheques and Postal Orders.
5 Rights Of Seller
5.1 The Seller reserves
the right to adjust the price and specification of any item on the website
at its descretion.
5.2 The Seller reserves the right to withdraw any goods from the Website
at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods
from the Website or for refusing to process an order.
6 Warranty
The Seller warrants
that the Goods will at the time of despatch correspond to the description
given by the Seller. Except where the Buyer is dealing as a Consumer,
all other warranties, conditions, or terms relating to fitness for purpose,
merchantability or condition of the Goods.
7 Dispatch/Delivery
7.1 ‘Stock Items’
are normally dispatched within 1 working day of receipt of order.
7.3 Where a specific delivery date has been agreed, and where this delivery
date cannot be met, the Buyer will be notified and given the opportunity
to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed
for delivery. In any event time of delivery shall not be of the essence
and the Seller shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly
out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified
in the order and the Buyer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery
of the Goods.
8 Cancellation And
Return
8.1 The Buyer shall
inspect the Goods immediately upon receipt and shall notify the Seller
within 7 working days of delivery, if the Goods are damaged or do not
comply with any of the Contract. If the Buyer fails to do so the Buyer
shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made, the Goods shall be returned
by the Buyer to the Seller. The Buyer shall be entitled to a full refund
(including delivery costs) plus the cost of returning the item via 2nd
Class recorded delivery if the Goods are in fact defective.
8.3 If you are the consumer, you have the right, in addition to your other
rights, to cancel the contract and receive a refund by informing us in
writing or by email within 7 working days of receipt of the Goods. Goods
must be returned at your cost and should be adequately insured during
the return journey. You will receive a refund of all monies paid for the
Goods (including delivery charges) except for return postal charges within
30 days of cancellation.
8.4 Goods returned must be in the original undamaged packaging, with a
cover letter stating your reason for return, email address, contact address
and order number.
8.5 Where returned Goods are found to be damaged due to the Buyer’s fault,
the Buyer will be liable for the cost of remedying such damage.
10 Limitation Of Liability
10.1 Except as may
be implied by law where the Buyer is dealing as a Consumer, in the event
of any breach of these Terms and Conditions by the Seller the remedies
of the Buyer shall be limited to damages which shall in no circumstances
exceed the Price of the Goods and the Seller shall under no circumstances
be liable for any indirect, incidental or consequential loss or damage
whatever.
10.2 Nothing in the Terms and Conditions shall exclude or limit the liability
of the Seller for death or personal injury resulting from the negligence
of the Seller or that of the Seller’s agents or employees.
11 Waiver
No waiver by the Seller
(whether express or implied) in enforcing any of its rights under this
contract shall prejudice its rights to do so in the future.
13 Severance
If any term or provision
of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision shall
be severed and the remainder of the provisions hereof shall continue in
full force and effect as if these Terms and Conditions had been agreed
with the invalid illegal or unenforceable provision eliminated.
14 Changes To Terms
And Conditions
The Seller shall be
entitled to alter these Terms and Conditions at any time.
15 Governing Law And
Jurisdiction
These Terms and Conditions
shall be governed by and construed in accordance with the law of England
and the parties hereby submit to the exclusive jurisdiction of the English
courts.
Returns policy.
If you need to return
your goods, please inform us by way of letter, fax or email, you must
return the unused goods, with tags intact, in original, undamaged packaging
with a covering letter and your reason for return within 7 working days
from receipt of receiving your goods.
We will offer you a refund or exchange. This does not affect your legal
rights, including your right to claim a refund, replacement or repair
where the goods are faulty or misdescribed.
Please note postage or other return costs are the customers responsibility,
we will not accept any responsibility if, on return the goods our damaged
or lost in transit, we therefore advise you return your goods using recorded
delivery.
We will notify you when your return has reached us, a exchange or refund
will be issued within 30 days.
Please note you can not return your goods if the item has been made to
your specifications or personalised, however if the item is faulty you
can claim a refund or exchange.
Faulty/Damaged goods.
If your goods arrive
faulty you must inform us within 24 hours of receipt, and return them
to us, using 2nd class recorded delivery within 7 days of receipt, all
verified faulty goods will be fully refunded including all P&P costs.
We advise that you read our terms & conditions regarding all matters.
All returns and correspondence
must be sent to:
Birchfield Insulation
Supplies Ltd, Unit 49, Cannon Way, Barugh Green, Barnsley, South Yorkshire,
S75 1JU
You may also contact
us via email: reflectivesales@aol.com
Payment Details
Ordering through our
website is simple.We can take credit and debit card details by telephone,
although we also accept cheques and postal orders.
We do not accept cash
or vouchers.
Please make cheques
and postal orders payable to 'Birchfield Insulation Supplies Ltd' and
post to:
Birchfield Insulation Supplies Ltd, Unit 49, Cannon Way, Barugh Green,
Barnsley, South Yorkshire, S75 1JU
If paying by cheque,
please allow 5 working days for your payment to clear. We will contact
you on receipt of your payment.
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